NCJ Number
7314
Date Published
1968
Length
268 pages
Annotation
STUDY OF TWO ELECTED PROSECUTORS' OFFICES-ONE URBAN, ONE RURAL - AND THE NATURE OF THEIR TRANSACTIONS WITH POLICE, DEFENDANTS, DEFENSE ATTORNEYS, COURTS AND PUBLIC.
Abstract
THE AUTHOR VIEWS THE PROSECUTOR'S OFFICE AS A POLITICAL ENTITY INVOLVED IN EXCHANGES WITH THE OTHER COMPONENTS OF THE COURT SYSTEM. AS A POLITICAL ENTITY, IT MUST CONSTANTLY INTERACT WITH OTHER ORGANIZATIONS AND INDIVIDUALS IN ORDER TO ACHIEVE ITS GOALS. THE PROSECUTOR MUST MAINTAIN GOOD WORKING RELATIONSHIPS WITH OTHER PROFESSIONALS AS WELL AS VISIBILITY WITH THE ELECTORATE. THE AUTHOR FOUND THAT THE ELECTIVE NATURE OF THE OFFICE HAD AN EFFECT ON THE TIMING OF INVESTIGATIONS AND SOME TRIALS AS WELL AS THE ETHNIC COMPOSITION OF THE APPOINTED STAFF ASSISTANTS. POLITICS AS SUCH DID NOT APPEAR TO INFLUENCE THE DECISION TO PROSECUTE. THIS FUNCTION OF THE PROSECUTOR'S OFFICE WAS INFLUENCED BY FACTORS SUCH AS THE EVIDENTIARY SUFFICIENCY OF THE FACTS, HUMANITARIAN CONSIDERATIONS, SUCH AS MENTAL ILLNESS OR PSYCHOLOGICAL HARM TO WITNESSES IN SEX OFFENSES, AND ORGANIZATIONAL INTERESTS-COOPERATION WITH ANOTHER JURISDICTION WITH A WARRANT FOR THE SAME DEFENDANT. THE PRIMARY DIFFERENCE BETWEEN URBAN AND RURAL PROSECUTORS WAS THAT RURAL PROSECUTOR OFTEN HAS PERSONAL KNOWLEDGE OF THE DEFENDANT AND HIS BACKGROUND.